Employment Equity Act

Employment Equity Act (1996)

The new Employment Equity Act, received royal assent on December 15, 1995. The Act and its Regulations subsequently came into force on October 24, 1996 creating a new legislative framework for employment equity that governs both private and public sector employers under federal jurisdiction. These employers must comply with all requirements of the new Act by October 1997, one year after it has come into force.

The new Employment Equity Act incorporates certain employment equity provisions of the Financial Administration Act (FAA) and the Employment Equity Act (1986) under a single and more comprehensive regime. Upon the coming into force of the new Act, the 1986 Act, its Regulations and the relevant provisions of the FAA were repealed.

Federal employment equity legislation aims at ensuring the members of four designated groups are treated equitably, namely women, persons with disabilities, Aboriginal peoples or members of visible minorities.

Employment equity is a uniquely Canadian term, introduced in 1984 by Judge Rosalie Abella in her Report of the commission on equality in employment. This report has been the cornerstone of the federal employment equity legislation and programs developed since the mid-1980s. Judge Abella stated, "Equality in employment means that no one is denied opportunities for reasons that have nothing to do with inherent ability. It means equal access free from arbitrary obstructions."

The Employment Equity Act The Employment Equity Act was proclaimed on August 13, 1986. Its goal was to achieve workplace equality by ensuring that ability and qualifications are the only criteria for employment opportunities, benefits, and advancement. Specifically, the intention was to correct disadvantages experienced by four designated groups: women, visible minorities, Aboriginal peoples, and persons with disabilities.

The Act has three major premises. First, no one shall be denied employment opportunities and benefits for reasons unrelated to ability. Second, special measures are necessary to improve the employment situation of members of the designated groups. And third, "reasonable accommodation" requires employers to recognize legitimate differences between groups and take reasonable steps to accommodate those differences.